Senate Bill S9107

2023-2024 Legislative Session

Relates to reserved funds for special educational services for certain children with disabilities

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Sponsored By

Current Bill Status - Delivered to Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S9107 - Details

Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L

2023-S9107 - Summary

Relates to reserved funds for special educational services for certain children with disabilities.

2023-S9107 - Sponsor Memo

2023-S9107 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9107
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the education law, in relation  to  reserved  funds  for
   special educational services for certain children with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (iv)  of  paragraph  k  of  subdivision  4  of
 section  4405 of the education law, as amended by section 19-a of part A
 of chapter 56 of the laws of 2022, is amended to read as follows:
   (iv) Funds authorized to be  retained  under  this  paragraph  may  be
 expended only pursuant to an authorization of the governing board of the
 school,  school  district or program approved pursuant to section forty-
 four hundred ten of this article, for a purpose expressly authorized  as
 part of the approved tuition methodology for the year in which the funds
 are  to  be  expended,  provided that funds may be expended to pay prior
 year outstanding debts. Any school, school district, or program approved
 pursuant to section forty-four hundred ten of this article that  retains
 funds  pursuant to this paragraph shall be required to annually report a
 statement of the total balance of any such retained funds,  the  amount,
 if any, retained in the prior school year, the amount, if any, dispersed
 in  the  prior  school year, and any additional information requested by
 the department as part of the financial reports that are required to  be
 annually  submitted  to  the  department, AND PROVIDED FURTHER THAT SUCH
 RESERVED FUNDS, INCLUDING ANY ACCRUED INTEREST OR  INVESTMENTS  OF  SUCH
 FUNDS,  OF  SPECIAL  ACT  SCHOOL DISTRICTS SHALL ONLY SUPPLEMENT AND NOT
 SUPPLANT ANY FUNDS PROVIDED BY TUITION METHODOLOGY ONCE RESERVED.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15092-01-4

co-Sponsors

2023-S9107A (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L

2023-S9107A (ACTIVE) - Summary

Relates to reserved funds for special educational services for certain children with disabilities.

2023-S9107A (ACTIVE) - Sponsor Memo

2023-S9107A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9107--A
     Cal. No. 1286
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sens.  MAYER,  JACKSON,  WEBB  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities -- reported favorably from said committee and committed  to  the
   Committee  on  Education  --  reported  favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the education law, in relation  to  reserved  funds  for
   special educational services for certain children with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii)  of  paragraph  k  of  subdivision  4  of
 section  4405 of the education law, as amended by section 19-a of part A
 of chapter 56 of the laws of 2022, is amended to read as follows:
   (ii) The tuition methodology established pursuant to this  subdivision
 for  the  two thousand twenty-two--two thousand twenty-three school year
 and annually thereafter shall authorize  approved  providers  to  retain
 funds  in  excess of their allowable and reimbursable costs incurred for
 services and programs provided to school-age and preschool students. The
 amount of funds that may be  annually  retained  shall  not  exceed  the
 allowable  surplus percentage of the approved provider's total allowable
 and reimbursable costs for services and programs provided to  school-age
 and  preschool  students for the school year from which the funds are to
 be retained,  as  defined  in  subparagraph  (iii)  of  this  paragraph;
 provided  that  such funds shall not be recoverable on reconciliation of
 tuition rates AND PROVIDED FURTHER THAT ANY INTEREST EARNED  OR  INVEST-
 MENTS REALIZED ON SUCH FUNDS SHALL SUPPLEMENT AND NOT SUPPLANT ANY FUNDS
 PROVIDED  BY THE TUITION METHODOLOGY ONCE RETAINED. For purposes of this
 subparagraph, "approved providers" shall  mean  private  residential  or
 non-residential  schools for the education of students with disabilities
 that are located within the state, special  act  school  districts,  and
 programs  approved  pursuant  to  section forty-four hundred ten of this
 article that are subject to tuition rate reconciliation.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.

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